Recommending Special Conditions on Supervision

Special conditions

The total number of special conditions for a supervision sentence should be limited.

The pre-sentence report must recommend only the types of special conditions that are permitted for a sentence of supervision.

Proposed wording for each proposed special condition should be included in the pre-sentence report. Standard wording is available in the manual and in IOMS.

For more information, go to  Wording of Special Conditions.

Programmes and special conditions

Recommendations for supervision will often include a recommendation for a special condition to attend a community based rehabilitation programme. The most common are:

• domestic violence programmes
• alcohol and drug counselling, and
• gambling addiction services.

Programme related special conditions may also cover attendance at:

• training in BWLS
• any programme (that is not residential)
• counselling, and
• assessments.

Legislative reference: Section 51 Sentencing Act 2002.

Addressing low or no motivation

Some community based programmes (particularly alcohol and other drug (AOD) counselling and Domestic Violence Act (DVA) programmes) are designed to address low motivation/minimal acknowledgement of the need for a programme. It is therefore appropriate to recommend a sentence of supervision for such offenders.

If the offender refuses to agree to participate in such a programme, a punitive sentencing option (CW/CD) should be considered.

Other special conditions

Other special conditions that can be imposed include:

• conditions relating to the offender's residence
• conditions relating to the offender's earnings or finances, and
• any other conditions the court thinks fit to reduce the likelihood of further offending by the offender. This commonly includes non-association with specified persons or types of persons.

Legislative reference: Section 52 Sentencing Act 2002.

What cannot be imposed

The legislation provides that the following special conditions cannot be imposed under a sentence of supervision:

• judicial monitoring
• residential programmes
• electronic monitoring (EM)
• requirements to make any financial payment (fine, reparation etc), and
• requirements to do work that could be done under a sentence of CW.

Legislative references: Sections 51, 52 and 80ZJ Sentencing Act 2002.

Departmental policies provide that the following special conditions cannot be recommended under a sentence of supervision:

• programmes to address sexual offending against children
• psychological counselling/ referral to a Departmental psychologist, and
• Department of Corrections programmes (i.e. medium intensity rehabilitation programmes).

Needs that can be met without a special condition

Probation officers can assist offenders on a sentence of supervision to meet some re-integrative and cultural needs, without a special condition being imposed. If the identified needs are complex and/or multiple, a sentence of intensive supervision should be considered.

The pre-sentence report should record needs identified during the assessment process, even if a special condition is not recommended.

Available services/programmes include:

• Tikanga Maori programmes (to be eligible offenders must identify as Maori and indicate a willingness to attend), and
• reintegrative services such as assistance in obtaining employment or accommodation, budgeting skills etc (probation officers will facilitate access to relevant community based services).

Referring an offender to a programme

If possible, the offender should be provisionally allocated to a specific programme and the dates of that programme included in the proposed special condition.

If acceptance onto a programme requires assessment by the provider, and this cannot be completed prior to sentencing, ensure the special condition is worded so that both the assessment and attendance at the programme (if required) are covered.

If it is not possible to confirm details of a specific programme, ensure the recommended sentence is long enough to provide enough time for the programme to be completed.